Act not to apply in relation to certain vacancies

(I) This Act shall not apply in relation to vacancies— (a) proposed to be filled through the Union Public Service Commission or any other independent recruitment authority constituted for the purpose of such recruitment or through a selection board set up for appointments to a post, (b) which are proposed to be filled by promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or interview held by the employer for the purpose of recruitment, (c) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment as agricultural or farm machinery operatives, (d) in any employment in domestic service, (e) in any employment the total duration of which is less than three months. (II) The Central Government may, by notification in the Official Gazette, amend sub-section (I) so as to include therein any other type of employment or exclude therefrom any employment mentioned therein and thereupon the Schedule to the Act shall be deemed to be amended accordingly. (III) The provisions of clauses (c), (d) and (e) of sub-section (I) shall not apply in relation to an establishment in public sector. (IV) The provisions of sub-section (I) shall not be deemed to prevent an employer from notifying to the employment exchange any vacancy in any employment notwithstanding that such vacancy is a vacancy to which this Act does not apply.